19 - 20 June 2018
Köln Messe, Cologne, Germany


Conference Programme



Stream 3: LEGAL & TECHNICAL ISSUES OF AUTONOMOUS VEHICLES

Day 1 Day 2

Day 1: Tuesday 19 June

Europasaal - Level 1 Legal & Regulatory Challenges of Autonomous Vehicles

Moderator

Katherine Dale Sheriff
Attorney
Waldon Adelman Castilla Hiestand & Prout
USA

09:25

Policy labs: multi-stakeholder iterative processes for developing policies for automated and connected driving – a Swedish case study

Maria Schnurr
Senior researcher
RISE Research Institutes of Sweden
SWEDEN
In the transport sector, vehicle automation challenges current regulation and policy as relevant policies simply do not exist. However, to keep up with technological development and actually benefit from its diffusion, these challenges need to be overcome more quickly than conventional policy-making may allow. Policy labs can be seen as an appropriate means of speeding up policy-making and increasing its quality and acceptance, especially in light of complex, dynamic technological change. Illustrated by two cases in Sweden, we describe policy lab interventions and early lessons learned regarding their relevance, usefulness and acceptance for future European transport policies.

09:50

Race of legislation – overview of the international legal landscape of autonomous driving

Thomas Doering
Manager autonomous driving
Daimler AG
GERMANY
New technologies – such as self-driving vehicles – need an adequate legal framework and legal certainty. In a globalised world with cross-border traffic in the commercial and private sectors, it is becoming increasingly important to establish harmonised, or at least compatible, legal sets in order to not hinder cross-border trade and the freedom of each individual. The presentation gives an overview of different current and future legal frameworks on international, EU and national levels. Comparing different jurisdictions allows conclusions to be drawn regarding business cases, first-to-market countries and potential country-specific modifications to AD systems.

10:15

Are you (still) in the driver's seat? A global view on the future of mobility

Dr Patrick Ayad
Partner and Global Head Automotive and Mobility
Hogan Lovells
GERMANY
Autonomous, connected, electric and shared vehicles are transforming the automotive industry like no other innovation in decades. The latest industry trends present a wide range of challenges for traditional and new automotive and mobility companies, but they also offer exciting opportunities for those that manage to enhance their business model from automotive manufacturer to solution and service provider. Reducing exposure to risk and managing the various commercial and legal challenges requires organisations to anticipate and be prepared to navigate through the emerging legal risks. This presentation explores the major trends affecting the automotive market. The impact of these developments on some legal areas will be identified and then mapped to the business changes that will result.

10:40 - 11:20

Break

11:20

Law Commissions' review of UK regulation of automated vehicles

Jessica Uguccioni
Lawyer
Law Commission of England and Wales
UK
The Government’s Centre for Connected and Autonomous Vehicles (CCAV) has asked the Law Commissions to undertake a far-reaching review of the UK’s regulatory framework for automated vehicles. With plans for significant public engagement, the three-year project, starting in early 2018, aims to promote public confidence in the safe use of automated vehicles. The Law Commissions will identify pressing problems in the law that may be barriers to the use of automated vehicles, and their application as part of existing public transport frameworks and innovative on-demand passenger services. In the presentation we introduce the project, some challenges and our approach.

11:45

Regulatory considerations for fleet-based self-driving operations

Matt Burton
Legal director II, regulatory development
Uber
USA
As development and testing of self-driving vehicles continues to advance, there is an increasing recognition that the early use cases for such vehicles will be in the context of fleet-based deployment, such as ridesharing/for-hire operations. Although regulators have acknowledged that the deployment spectrum will include these uses, some early proposals still assume a more traditional owner-operator deployment paradigm, which may unintentionally delay introduction of these life-saving technologies. The presentation will discuss possible approaches for achieving regulatory and safety objectives in the context of such fleet-based self-driving operations.

12:10

Trust in new technologies: make the future of Mobility safe

Dr Matthias Schubert
Executive vice president mobility
TÜV Rheinland AG
GERMANY
Cybersecurity, safety of personal data and functional safety are the major criteria for people to accept autonomous driving functionalities, according to a study of TÜV Rheinland (2017). As most of the feasible technologies are not yet accessible, it is difficult to define requirements for their approval and the periodical technical inspection. On the way to autonomous driving, harmonization of vehicle regulations and the approval of new technologies for (highly) assisted and autonomous driving are in the center of interest. To guarantee safe and smart mobility in the future, car and infrastructure industry, technical services and authorities need to work together and define the framework of the future of mobility.

12:35 - 13:50

Lunch

Moderator

Rufus Ballaster
Partner/ co-author – Practical Guide to Drone Law
Carter Lemon Camerons LLP
UK

13:50

Cybersecurity regulation in vehicles and its impact on civil liability

Dr Philipp Egler
Counsel
Bird & Bird LLP
GERMANY
Dr Simon Assion
Specialised lawyer
Bird & Bird LLP
GERMANY
The more IT is integrated into vehicles, the higher the relevance of IT security regulation. When IT is controlling critical parts of vehicles, security and safety are essential. This is also reflected in the legal requirements for effective cybersecurity, which will be discussed from both a regulatory and a civil liability perspective. Regulatory requirements for cybersecurity in vehicles have four sources: general product security and safety rules; general cybersecurity requirements (arising inter alia from the new General Data Protection Regulation (GDPR), from the Network and Information Security (NIS) Directive and from EU telecommunications regulation); type approval procedures for vehicles and their components; and regulations for the infrastructure on which the vehicles rely. Against this regulatory backdrop, a great variety of civil liability questions arise that will become relevant in case of accidents due to cyberattacks. Significant financial risks could result therefrom for all players active in the automotive industry. The multitude of parties involved in the production of vehicles (and especially the onboard software) and the novelty of the subject result in legal uncertainty. We will provide valuable guidance on the direction in which the case law may develop.

14:15

Legal challenges with protecting, owning or sharing car data

Stephan Appt
Partner / lawyer
Pinsent Masons LLP
GERMANY
Data is the new oil but who owns it, who protects it and who must potentially share it with others? The presentation describes the legal framework around car data with (partly contradictory) requirements that have an effect on the business cases of various players within automotive, and challenges established concepts with respect to data protection laws, e-privacy law, liability and the supply chain.

14:40

The driverless safety paradox and criminal law

Luciano Butti
Affiliated professor of international environmental law
University of Padua (I) - Department of Environmental Engineering
ITALY
In our driverless future, we will face a safety paradox: far fewer accidents, but also some new kinds of accidents, due to technological failure. Who will be criminally liable? The answer will partly depend on how artificial intelligence algorithms are being designed, in the context of deep learning. Criminal law will need to be gradually moved from the Newtonian universe where it was first raised, towards a probabilistic approach. This will give new life to the traditional theories on legal necessity. At the end of this process, not just our lifestyle will change, but also our anthropological relationship with cars.

15:05 - 15:45

Break

15:45

How to prepare our roads to support autonomous vehicles

Michael Dan Vardi
Co-founder and CBO
Valerann
UK
As autonomous vehicles (AVs) assimilate into traffic, the role of authorities as traffic operators, regulators and enforcers will remain, but the tools required will change. AVs create two new sets of risks that may happen at scale/simultaneously: system malfunctions (and cyberattacks) and integration risks. Authorities will require independent monitoring capabilities, to ensure rapid response. Unfortunately, tech traffic monitoring today is an expensive tool limited to few roads. Regulation and long sale cycles mean that few innovations can thrive. Supporting local authorities means supporting innovation by creating routes for startups to test and provide much-needed solutions for our roads.

16:10

Getting the enabling legislation for vehicle automation is one thing – full, integrated network automation is a far bigger challenge, but one we need to overcome

Dr Wolfgang Schuster
Technical director for intelligent mobility
Atkins
UK
Taking perspectives from Venturer, Flourish and HumanDrive, Dr Wolfgang Schuster from Atkins (Atkins is a member of SNC-Lavalin) examines why the enabling robust legal, regulatory, standards and legislative framework, in which connected and autonomous vehicles (CAVs) and networks of CAVs can operate, is just as important as the appropriate robust vehicle design and testing. This framework is an ecosystem in itself, and needs to be agile to reflect the rapidly changing technology, while considering the evolving user experience and adoption levels with CAVs, and needs to incorporate digital ethics, keeping us safe from a proliferation of AI and autonomous technology and keeping us in charge. This will be challenged when we see the potential benefits that innovations like full network rules engines can deliver.

16:35 - 17:05

Panel Discussion

How will road operators need to adapt to autonomous vehicles? Are the highways ready to accept autonomous vehicles? Should autonomous vehicles be separated from human drivers?

Moderator:

Rufus Ballaster
Partner/ co-author – Practical Guide to Drone Law
Carter Lemon Camerons LLP
UK

Panelists:

Alex Glassbrook
Barrister
Temple Garden Chambers
UK
Friedemann Brockmeyer
Principal
Civity Management Consultants
GERMANY
Michael Dan Vardi
Co-founder and CBO
Valerann
UK
Daniel Fesler
Lawyer-partner
Baker McKenzie
BELGIUM
Please Note: This conference programme may be subject to change

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